FDA's standards of identity for chocolate specify minimum levels of chocolate liquor and cocoa butter for products labeled as 'milk chocolate,' 'dark chocolate,' or 'white chocolate.' Products that do not meet these thresholds cannot use those names on US labels and must instead use terms like 'chocolate-flavored' or 'cocoa coating,' which can affect retail positioning and require label review before importation.

Bulk couverture and other semi-finished chocolate preparations are classified differently from finished, packaged confections. Couverture typically enters under chocolate preparations headings based on cocoa content and fat percentage, while finished retail products are classified based on their primary characterizing ingredient and form. The distinction affects both the duty rate and any applicable TRQ or trade-remedy exposure, so product specification sheets are essential for accurate entry.